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Missouri Construction or Mechanics Lien Questionnaire

Category:
Liens - Construction - Mechanics
State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Construction or Mechanics Lien Questionnaire
  • Preview Construction or Mechanics Lien Questionnaire

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FAQ

Missouri has specific regulated statutory lien waiver forms that can be used by everyone working on a construction project. Your lien waiver must comply with the statutory form in condition for payment. Both conditional and unconditional lien waivers are allowed, as long as they are not advance waivers.

PREPARING THE MISSOURI MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

Subcontractor 10-Day Notice requires all persons, except a general contractor, to serve upon the property owner a notice ten days prior to filing a mechanics lien. The notice must state that the person has a claim on the improvements to the property, the amount of the claim, and who owes that amount.

Missouri law (R.S.Mo. 429.005. 1, et seq.) grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic's lien for labor and materials provided to a property, provided the lien is properly filed within six months of the last date of work (excluding warranty and corrective work).

Notice of Invalid Lien: This form is used by a person who has had a consensual common law lien filed against them to notify the court that the lien is invalid.

Missouri Mechanics Liens Subcontractors and suppliers who do not have a direct contract with the property owner may only file a mechanics lien if the owner has signed a Consent of Owner document allowing mechanics liens.

Unless sooner released or discharged, the lien shall expire ten years after the certificate of lien was filed, unless within such ten-year period, the certificate of lien has been refiled by the director of revenue with the recorder.

Perfecting a Lien Missouri law states that for a lien to be perfected the date it is created, and to protect the creditor from the buyer's/debtor's possible bankruptcy, the notice of lien should be perfected (received by the department) within 30 days from the date of the loan.

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Missouri Construction or Mechanics Lien Questionnaire
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